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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I want to buy a property and would like to know if theres

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I want to buy a property and would like to know if there's any way I can name my two children from my first marriage as owners of the property in case of a divorce from my second husband. In other words is there any document my current husband could sign stating that he has no rights to the home I'm about to purchase?
Thanks for your question.Assuming you can finance this here on your own then yes the title company can prepare a waiver of interest form where he waives any potential interest in the property.The problems woudl be from the lenders if you don't have sufficient income or credit here they may want husband on the loan.But it is possible here assuming lender will agree and you have title company title it in your name and he signs such a waiver.Discuss it with lender and title company and it should be something that is possible here.And you would need a will here where you leave it to the children in the event of your death.
Customer: replied 5 years ago.
this is true in the state of florida?
Yes you just need a written waiver signed by spouse here disclaiming in writing his Florida marital interests in the property.These are more common where one party is in beginning of divorce and needs to buy their own place.But this is possible assuming the lender will finance and title it in your name only.If you have sufficient income and credit they may well agree.You also need to do a will leaving your separate property to your children here since you have ownership. but is certainly possible here to do this in Florida.
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